On March 22, 2020 a Stipulation,Agreement was filed involving a dispute between Opera House Lofts Llc, and Ahmed Almahdi, Alexander Azzure, Alexandra Harrington, Alex Regan, Alex Regan Aka Alex Regen, Alicia French, Amber Renaye A K A Amber Thomas, Amber Thomas, Anastasia Vlasova, Andres Rincon, Andrew Fassel, Andrew Wehnke, Anthony Christie, Ari Finkel, Aurora Halal, Bethany Reeves, Beth Morgan, Brandon Smith, Brooke Davies, Bryant Wells, Carly Forgach, Caroline Silverman, Casey Halter, Cassandra Fernandes, Casssandra Emmett, Celina Vicioso, Chelsea Spencer, Christopher Carnahan, Christoph Krey, Dana Cataldo, Daniel Mcinerney, David Call, David Richter, Diana Osorio, Edras Maldonado, Elanor Barnes, Emily Zech, Evan Batson, Evander Batson, Gavin Koepke, Gerrard Deasy, Gia Kourlas, Giancarlo Roca, Grant Gulla, Guho Kevin Kim, Hector Guerra, Hector Macel Aka Hector Malacaria, Hector Malacaria, Hellen Smith, Henry Gordon-Smith, Howida Tarabzooni, Jack Ford, Jaka Vinsek, Jason Halal, Jeffrey Arthur, Jenzo Duque, Jeremy Hawkins, Jessica Muller, Jessica Muller Aka Jessica Miller, Joanna Whicker, Johannes Staudt, Joon Lee, Jordan Smith, Jordan Sutherland, Joseph Lewis, Joseph Simons, Joseph Tyman, Josh Reames, Julie Covello, Katrina Wilson, Kelsey Fairhurst, Kendall Payne, Kevin Kim, Kevin Urvalek, Laura Newman, Laurence Beilenson, Luisel Pena, Madalyn Drew, Madeline Arnoldy, Marcella Lentz-Pope, Margarita Cardenas, Martin Argueta, Michael Chesbro, Michael Ralston, Michael Sauder, Mie Vedel Joergensen, Molly Wypyski, Mutaurwa Mapondera, Nicholas Cortezi, Noah Goldberg, Pablo Smith, Paula Smith, Peter Carlovich, Piya Malik, Quinn Mcgovern, Radhika Basu, Richard Einhorn, Richard Maguire, Rocco Mancinelli, Roque Silva, Ryan Schweitzer, Ryan Shollenberger, Samantha Cunningham, Samantha Giovinco, Sarah Beilenson, Sarah Labriola, Sarah Witham, Sebastian Medeiros, Sebastian Rodas Medeiros, Seth Lopez, Shannon Lumpkin, Slyvie Wise, Sonja Einem, Stephanie Deangelis, Stephen Meyers, Subantita Suwan, Tatiana Reid, The New York City Department Of Buildings, Thomas Parker, Tony Christie, Tristan Hughes-Freeland, Tyler Harris, Willaim Klimbert, Winston Adeyemo, Yohay Ben-Itzhak, Zachary Pless, for Real Property - Other (Declaratory Judgment) in the District Court of Kings County.
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FILED: KINGS COUNTY CLERK 02/23/2021 04:47 PM INDEX NO. 507079/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 02/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x OPERA HOUSE LOFIS LLC, Index No. SoToZg l2o Plaintiff, -against- STIPUI-ATION OF CHRISTOPHER CARNAHAN, et al. SETTLEMENT Defendants. x WHEREAS, OPERA HOUSE LOFTS LLC (the "Plaintiff' or "Landlord") is the net lessee of the building located at g-27 Arion Place, Brooklyn, New York (the "Building" pursuant to a written net lease between Plaintiff and the owner of the Building, ARION ENTERPRISES LLC, for a term commencing on October 1, 2013 and terminating on October 3L,2o1t, which Memorandum of l,ease was recorded on November 25, 2013 in the Office of the City Register of the City of NewYork, CRFN 2o13ooo4857oo; WHEREAS, the Building was formerly a commercial building that was converted into a multiple dwelling with sixty-six (66) dwelling units pursuant to Alteration Type-r Application No.3orz473z7 (the "Alt-r"), with the main building located on Lot 40 and a ramp, stairs, and entrance to the Building on Lot 48; WHEREAS, a final residential Certificate of Occupancy No. 3orz473z7 (the "C of O") was issued pursuant to the Alt-r on February zz, zoo5; IYI{EREAS, the C of O sets forth metes and bounds for the Building; WHEREAS, a group of tenants in the Building formed a tenants association and notified the Landlord that they believed they were entitled to withhold rent because of 1878s- oo 03 I 1 16 4og 4 / t) 1 of 4 FILED: KINGS COUNTY CLERK 02/23/2021 04:47 PM INDEX NO. 507079/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 02/23/2021 alleged defects in the C of O for the Building, which they claim does not apply to the Building but instead applies to the vacant lot adjacent to the Building; WHEREAS, the Landlord commenced this action seeking, inter alia, a declaration from the Supreme Court that the C of O applies to the Building and as such, the Building is and has been in compliance with Multiple Dwelling Law ("MDL") g3or since the issuance of the C of O in zoo5; WHERLAS, KEVIN KIM AND Anastasia Masova (the "Tenant") are the tenants of Unit 3ro (the "Unit") in the Building pursuant to a written lease with the Landlord dated r2lrl2otg (the "Lease"), and as such, is a necessary party to this action and is named as a Defendant; and WHEREAS, the Tenant does not wish to dispute that the C of O is valid and applies to the Building and consents to the entry of declaratory judgment requested by the Landlord in this action; NOW, THEREFOR.E, IT IS HEREBYAGREED as follows: r. The above statements are incorporated as if fully set forth herein. 2. The Tenant warrants, represents and acknowledges that Building has a valid residential C of O and is in compliance with MDL g3or from the date the C of O issued in zoo5 and continuing through present. 3. The Tenant consents to the entry of a declaratory judgment by the Supreme Court that the Building was at all relevant times in compliance with MDL g3or because the C of O is valid, proper and applies to the Building. 4. Tenant warrants and represents that Tenant has not and will not claim that the Building lacks a C of O that complies with MDL g3o1 at any time from February zz, f878s-ooos/u64094l11 2 of 4 FILED: KINGS COUNTY CLERK 02/23/2021 04:47 PM INDEX NO. 507079/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 02/23/2021 2oo5 through present as a basis for any claim or defense in any action, proceeding, and/or administrative filing before any court, tribunal, or administrative agency. 5. Conditional upon, and in consideration for Tenant's full compliance with this Stipulation, the Landlord waives any claims it may have against Tenant pursuant to the Lease for any attorneys' fees the Landlord has and will incur in this action. 6. In any action, proceeding, and/or administrative filing brought before any court, tribunal, or administrative agency to enforce any provision of this Stipulation and/or where any provision of this Stipulation is validly asserted as a basis for any claim or defense, the prevailing Party shall be entitled to recover its reasonable attorneys' fees from the other Party and shall recover any fees that would otherwise be waived pursuant to this Stipulation. 7. This Stipulation shall not modify, extend, or alter the parties' respective rights and obligations pursuant to the Lease, or any available remedies and defenses therefor, except as specifically set forth herein. 8. The Tenant waives any further notice in this action. GENERAL PROVISIONS g. This Stipulation constitutes the entire agreement between and among the parties. Any prior statements, understandings and/or memoranda are merged into the terms of this Stipulation and shall not survive, except for this Stipulation and the Lease, as modified by this Stipulation, survive execution hereof. 10. The parties agree that they are entering into this Stipulation voluntarily and after consultation with their attorneys, if any, and that they understood the terms and obligations outlined herein. lB78s-ooo3/1164()94/11 3 of 4 FILED: KINGS COUNTY CLERK 02/23/2021 04:47 PM INDEX NO. 507079/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 02/23/2021 11. This Stipulation shall be binding on the parties and their successors in interest. t2. No modifications or waiver of the terms of this Stipulation shall be binding unless in writing and executed by the party or parties to be charged. 13. This Stipulation may be signed in counterparts, and all signed counterparts taken together shall constitute the entire settlement agreement. 14. Digital signatures shall have the same force and effect as originals thereof. Dated: November 30, zozo Brooklyn, New York OPERA HOUSE LOF'IS LLC Landlord Tenant By: Moses Karpen, member Kevin Kim Anastasia Vlasova KUCKERMARINO IT'INIARSKY & BITTENS LLP By: Jason M. Frosch, Esq. 747 Third Avenue New York, New York roorT (zrz) B6g-sogo [8285-ooo3/rr64094l1] 4 of 4